Can the previous meeting requirement be waived for the K1 visa?

May 2, 2008
One of the principle requirements for the K1 fiance visa is that the U.S. Citizen has met his or her foreign national fiance in person in the 2 year period immediately preceding the filing of the K1 petition. This requirement can be quite an obstacle for some people for many reasons. Sometimes it is simple a matter of the cost--international travel is very expensive. For others, it could be difficult because of a health or medical condition. In some cultures it is forbidden for a man and a woman to meet in person before they are married. In other cases, it is too dangerous to travel to the foreign country because of war or other events.

Fortunately there are some exceptions to the previous meeting requirement.The provisions of the Immigration & Nationality Act that created the K1 visa provide that the Attorney General has the authority to waive the previous meeting requirement. The Department of Homeland Security has interpreted this to mean that the requirement waived if the petitioner provides proof that compliance would:

• Result in extreme hardship to the petitioner
• Violate strict and long-standing customs of the beneficiaries foreign culture or social practice

The second circumstance under which a waiver may be granted is fairly clear. However, the circumstances that constitute "extreme hardship" are more ambiguous. There have been many administrative opinions dealing with this matter and "extreme hardship" has been found to include situations where:

• Petitioner in active military duty and was prevented from traveling to the Philippines
• Petitioner had acute anxiety disorder which prevented him from traveling
• Petitioner was in active military and war time deployments and expenses of foreign travel prevented him from meeting the requirement

This is not an exclusive list of situations that would meet the "extreme hardship" requirement but I think they illustrate the type of circumstance that is required to warrant a waiver.If you are interested in applying for a fiance visa but are unable to meet the previous meeting requirement you should consult an immigration attorney about whether or not the waiver may be applicable. Waivers are not easy to obtain but are obtainable if the matter is properly documented.